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(영문) 창원지방법원마산지원 2016.05.12 2015가단103176
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 28, 2010, Defendant B entered into an insurance contract with the Plaintiff (hereinafter “existing Contract”) on the attached list, and Defendant A, Defendant B’s son, on February 6, 2011, entered into an amendment to the attached list, which changed the contractual parties and beneficiaries of the said insurance contract to Defendant A (hereinafter “the amendment agreement”).

B. From August 26, 2010 to September 17, 2010, Defendant B hospitalized in the hospital for 23 days on the ground of brain fever, satis, bones, bones, etc., satis, satise bones, etc., and was hospitalized in the hospital for 432 days in total on the ground of the insured events, such as satisfin fever, acute satitis, defratitis, defratitis, defrating satis, defratitis, kneeum satis, etc. (hereinafter “instant insured events”).

From the Plaintiff to January 2011, Defendant B received insurance proceeds of KRW 1,930,413 in accordance with the existing contract with respect to the insurance accident, and Defendant A received KRW 10,441,139 in accordance with the modified contract with respect to the insurance accident from March 201 to June 2015.

C. The Defendants are confirmed to have received total of KRW 140,208,044 insurance proceeds from multiple insurance companies including the Plaintiff on the ground of the instant insurance accident. The Defendants recognized that the Defendants paid KRW 917,467 with the monthly insurance premium paid to several insurance companies including the said insurance company.

There is no income tax paid from 2005 to 2015 by Defendant B.

[Reasons for Recognition] Unsatisfy, Each entry in Gap evidence 1-14 (including branch numbers), and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the instant insurance contract was concluded by the Defendant for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts is null and void in violation of good customs and other social order under Article 103 of the Civil Act. Accordingly, the Defendant B is entitled to insurance proceeds of KRW 1,930,41,139 and damages for delay.

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